BVA9507954
DOCKET NO. 91-17 980 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Denver,
Colorado
THE ISSUE
Entitlement to service connection for post-traumatic stress
disorder (PTSD).
ATTORNEY FOR THE BOARD
Alice A. Booher, Counsel
INTRODUCTION
The veteran had active service from May 1964 to October 1965.
This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a February 1991 rating decision of the Department
of Veterans Affairs (VA) Regional Office (RO) in Denver,
Colorado, that denied service connection for PTSD. The case was
remanded in March 1992 for additional development of that issue
and in March 1995 was returned to the Board. Previously, the
case was before the Board in 1991 on the issue of entitlement to
service connection for residuals of fracture of the transverse
process of L3 and L5, status post laminectomy and disc removal
L5-S1. The case was remanded on that issue in July 1991. By a
rating decision of December 1994, the RO granted service
connection. Consequently that matter is no longer before the
Board. Although the December 1994 rating decision denied other
issues, they are not inextricably intertwined with the issue
before the Board and no additional issues have been developed for
appellate review.
REMAND
In a letter dated March 15, 1995, the veteran was informed of the
receipt of his case by the Board. In response to that letter,
correspondence from the veteran was received by the Board on
March 30, 1995, stating, in pertinent part, that he had appointed
"Colorado Division of Veterans Affairs (39)" as his authorized
representative, that he would like to have a personal hearing
before a "member of the Board," that he had appealed other
issues, and that wanted his case to be returned to the RO so that
his appeal could be consolidated.
Attached to the veteran's letter is a copy of VA Form 21-22,
dated March 21, 1995, and executed by the veteran on behalf of
the "Colorado Department of Human Services, Veterans Affairs."
This document does not reflect an acknowledgment by the VA, but
is possible that the original was sent to the RO after the claims
folder was forwarded to the Board. In any event, the designated
representative has not had an opportunity to review the veteran's
claims folder.
38 C.F.R. § 20.1304(a) (1994) permits appointment or change of
representative, request for a personal hearing and/or submission
of additional evidence if within 90 days following notification
of certification and transfer of records. In this case, the
Board finds that these criteria are met.
In view of the above, the case is REMANDED for the following:
1. The RO's attention is directed to the
copy of the March 21, 1995, VA Form 21-22
in the claims folder. It should be
determined whether the original was
received by the RO after the case was
forwarded to the Board. Any necessary
action should be taken to effectuate the
veteran's designation of a representative
and the claims folder should then be made
available to the representative for review
and argument.
2. The RO should determine whether the
veteran desires a hearing before a hearing
officer at the RO, a hearing before a
traveling Member of the Board, or a hearing
before the Board in Washington. Depending
on his wishes, appropriate action should be
taken to schedule a hearing or assist him
in obtaining one.
3. Thereafter, the RO should (1)
readjudicate the issue of service
connection for PTSD if there is any
additional evidence on that issue,
including hearing testimony, and (2) if
service connection is again denied, issue a
supplemental statement of the case to the
veteran and his representative with
opportunity to respond.
Thereafter, the case, including any additional issues ready for
appellate review, should be returned to the Board. The veteran
need do nothing further until so notified.
(Continued on next page)
JANE E. SHARP
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the Board
on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).